THE INDIAN COLLEGIUM SYSTEM: A CONGRUENCE OR AN ANTAGONISM TO THE DEMOCRATIC REPUBLIC
DOI:
https://doi.org/10.29121/shodhkosh.v5.i6.2024.2408Keywords:
Collegium System, NJAC, Transparency, Favoritism, Judicial Activism, Nepotism, Accountability, Free and Fair Judgements, Constitutional Provisions, The Supreme Court, The High Courts, Appointments of Judges, Transfer of JudgesAbstract [English]
The word ‘democracy’, in its true sense and spirit, seeks to have a system of government with wholesome representation in all possible manner. The word ‘republic’ denotes the process of democracy, wherein the supreme power is possessed by the people and their elected or nominated representatives and doesn’t give any prerogative to the monarchy or such other forms of governance. The combination of ‘democratic republic’ is expected to have a system wherein the people have the privilege to elect their government officials and the head of the state will also be elected by the people. In such a system, is it justifiable, if the justice and pronouncements of the highest judicial authorities, the court system - the Supreme Court and the High Court incumbents, their appointments and transfers rest only with a few top notch officials of the same branch of the Government, i.e. the Supreme Court? If not, what could be the possible and effective alternative structure and establishment to eliminate such lacuna.
References
Ankit, Veepriya. (Mar, 2024) ‘Judicial Independence and the Collegium System in India’, International Journal of Research Publication and Reviews, ISSN2582-7421, Vol-5, No.3, pp5149-5157 https://doi.org/10.55248/gengpi.5.0324.0818 DOI: https://doi.org/10.55248/gengpi.5.0324.0818
MahimaMakhija& J Lalith Kumar (2017): ‘Collegium System: The Unveiled Darkness’, International Journal Of Advance Research And Innovative Ideas In Education, IJARIIE, e-ISSN: 2395-4396, Volume 3 Issue 4 2017, Vol.3, Issue.4
Plascencia, Iveth A., "Judicial Appointments : A Comparative Study of Four Judicial Appointment Models Used by Sovereigns Around the World" (2015). Law School Student Scholarship. 666. https://scholarship.shu.edu/student_scholarship/66
SapnaKumari (2023): ‘Understanding the Collegium System in India’, International Journal of Law, Management & Humanities, ISSN 2581-5369, Vol. 6, Issue. 2, IJLMH 3104, 3110. DoI:https://doij.org/10.10000/IJLMH.114752
Soni, Shefali&Rautdesai, Rupal (Jan, 2023): ‘An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court’, National Law School of India Review, Article 6, Volume 32, Issue-I, (DOI:10.2139/ssrn.4605849 DOI: https://doi.org/10.2139/ssrn.4605849
Tripathy, Rangin and Dhanee, Soumendra (2020) "An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court," National Law School of India Review: Vol. 32: Iss. 1, Article 6. Available at: https://repository.nls.ac.in/nlsir/vol32/iss1/6
Vohra, Prabha (Mar-Apr, 2024): ‘Judicial Appointments in india: A Critical Analysis of the Collegium System and the Rejected NJAC’, International Journal for Multidisciplinary Research (IJFMR) E-ISSN:2582-2160, Vol 6, Issue 2, Mar-Apr 2024 (IJFMR-240217606 DOI: https://doi.org/10.36948/ijfmr.2024.v06i02.17606
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 Gangadhara S, Dr. K R Aithal
This work is licensed under a Creative Commons Attribution 4.0 International License.
With the licence CC-BY, authors retain the copyright, allowing anyone to download, reuse, re-print, modify, distribute, and/or copy their contribution. The work must be properly attributed to its author.
It is not necessary to ask for further permission from the author or journal board.
This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
